Trusts and Estates Blog

Does All Property Have to Go Through Probate?

Last Will and Testament XSmallMost people fear the probate process and wish to avoid it at all costs. True, the probate process can lengthen the grieving process for the death of a loved one and prolong the settling of the estate, but for the most part it is a necessary process after a loved one has passed on. While it is necessary, you can avoid certain headaches and worries in the probate process by knowing a few simple facts.

“Does all my property have to be claimed in probate court and go through the process of probate after I pass on?” I’ve been asked this question many times, and thankfully there is a welcomed answer for those asking it.

In many states, a set amount of property value does not have to face probate. For example, in the state of California, up to $100,000 in properties can be passed to other family members or beneficiaries without enduring the full blown probate process. If the property is left to a surviving spouse, there is also a simpler transfer process that the state of California allows.

Also, any properties passed outside of a will through joint custody or a living trust does not have to be claimed in probate court and can be settled outside of probate.

If you would like more information concerning estate planning, including learning how to avoid probate, contact Antelope Valley estate planning law firm Thompson | Von Tungeln (TVT) at 661-945-5868 or visit their websites at www.EstatePlanningSpecialists.comwww.EstatePlanningSpecialists.com and www.Medi-CalHelp.com. www.EstatePlanningSpecialists.com is a comprehensive online resource for personal wealth management solutions through wills and revocable trusts. www.Medi-CalHelp.com is a comprehensive online resource for long term nursing home care for the middle class. As Board Certified Specialists in Estate Planning, Trusts and Probate as certified by the State Bar of California Board of Legal Specialization, partners Mark E. Thompson and Kevin L. Von Tungeln are expertly equipped to serve clients with the creative, effective and custom solutions they demand.

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